Registration and Attendance Regulations, Consolidation of


Published: 2013-08-09

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R-015-2013

EDUCATION ACT

CONSOLIDATION OF REGISTRATION AND ATTENDANCE REGULATIONS R-015-2013

In force July 4, 2013

(Current to: August 9, 2013)

AS AMENDED BY: This consolidation is not an official statement of the law. It is an office consolidation prepared for convenience only. The authoritative text of regulations can be ascertained from the Revised Regulations of the Northwest Territories, 1990 and the monthly publication of Part II of the Northwest Territories Gazette (for regulations made before April 1, 1999) and Part II of the Nunavut Gazette (for regulations made on or after April 1, 1999). A copy of a regulation of Nunavut can be obtained from the Territorial Printer at the address below. The Nunavut Gazette and this consolidation are also available online at http://www.justice.gov.nu.ca/english/legislation.html but are not official statements of the law. Any registered regulations not yet published in the Nunavut Gazette can be obtained through the Registrar of Regulations at the address below.

Territorial Printer Legislation Division Department of Justice Government of Nunavut Tel.: (867) 975-6305 P.O. Box 1000, Station 550 Fax: (867) 975-6189 Iqaluit, NU X0A 0H0 Email: Territorial.Printer@gov.nu.ca

R-015-2013

GLOSSARY OF TERMS USED IN CONSOLIDATIONS

Miscellaneous

c. means "chapter". CIF means "comes into force". NIF means "not in force". s. means "section" or "sections", "subsection" or "subsections", "paragraph" or

"paragraphs". Sch. means "schedule".

Citation of Acts

R.S.N.W.T. 1988,c.D-22 means Chapter D-22 of the Revised Statutes of the Northwest Territories, 1988.

R.S.N.W.T. 1988,c.10(Supp.) means Chapter 10 of the Supplement to the Revised Statutes of the

Northwest Territories, 1988. (Note: The Supplement is in three volumes.)

S.N.W.T. 1996,c.26 means Chapter 26 of the 1996 Annual Volume of the Statutes of the

Northwest Territories. S.Nu. 2002,c.14 means Chapter 14 of the 2002 Annual Volume of the Statutes of

Nunavut.

Citation of Regulations and other Statutory Instruments R.R.N.W.T. 1990,c.A-1 means Chapter A-1 of the Revised Regulations of the Northwest

Territories, 1990. R-005-98 means the regulation registered as R-005-98 in 1998. (Note: This is a

Northwest Territories regulation if it is made before April 1, 1999, and a Nunavut regulation if it is made on or after April 1, 1999 and before January 1, 2000.)

R-012-2003 means the regulation registered as R-012-2003 in 2003. (Note: This is a

Nunavut regulation made on or after January 1, 2000.) SI-005-98 means the instrument registered as SI-005-98 in 1998. (Note: This is a

Northwest Territories statutory instrument if it is made before April 1, 1999, and a Nunavut statutory instrument if it is made on or after April 1, 1999 and before January 1, 2000.)

SI-012-2003 means the instrument registered as SI-012-2003 in 2003. (Note: This is

a Nunavut statutory instrument made on or after January 1, 2000.)

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REGISTRATION AND ATTENDANCE REGULATIONS

PART 1

REGISTRATION AND ATTENDANCE POLICY

General

1. (1) The requirements set out in this Part in relation to a registration and attendance policy are in addition to any requirements set out in section 37 of the Act in respect of the policy. (2) Despite any other provision of this Part, a district education authority shall have until July 1, 2014 to develop and put in place a registration and attendance policy that complies with these regulations.

Contents of Registration and Attendance Policy 2. (1) A registration and attendance policy must set out

(a) the long term goals of the policy; (b) the values and principles in accordance with which the policy was

developed; (c) a statement that the goals and principles referred to in paragraphs

(a) and (b) should be used to guide the interpretation and implementation of the policy;

(d) a description of the strengths and needs of the community and of the school or schools in the community relevant to the registration and attendance policy;

(e) actions to be taken for achieving the goals of the policy and a method for evaluating the effectiveness of those actions in achieving the goals;

(f) school-wide objectives to be achieved under the policy in the schools under the jurisdiction of the district education authority and the actions to be taken to achieve those objectives;

(g) procedures for registering students, including procedures for notifying parents of when and where to register students;

(h) a requirement to notify parents and students on a regular basis throughout each school year of the obligation under the Act and regulations to attend school, including a statement of the benefits of regular school attendance;

(i) a schedule for providing the notifications required by paragraph (g) and (h) and the procedures for giving the notifications, including the role, if any, of the principals of the schools under the jurisdiction of the district education authority in providing the notifications;

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(j) procedures to encourage parents to meet their responsibilities under section 55 of the Act;

(k) criteria for identifying attendance and punctuality problems or potential problems (i) on an individual student basis, (ii) on a category of student basis, or (iii) on a school-wide basis;

(l) suggested measures for addressing attendance and punctuality problems or potential problems and a method for evaluating the effectiveness of those measures in achieving the goals of the policy;

(m) procedures for notifying parents of students who are not adults of the attendance problems or potential problems of their children and of the measures that will be taken with respect to the problems or potential problems;

(n) a requirement that the policy be reviewed not more than three years after its initial adoption and that it be reviewed from time to time after the initial review such that not more than three years elapses between reviews; and

(o) a requirement that evaluations be carried out in accordance with the methods required by paragraphs (e) and (l) and that those evaluations be considered in any review of the policy.

(2) The measures and procedures required in a registration and attendance policy under subsection (1) may be different for different grade levels in the schools under the jurisdiction of a district education authority.

Consultation During Development Phase 3. (1) A district education authority shall consult with the parents, students, school staff, Elders and community members in developing its registration and attendance policy. (2) A principal shall assist the district education authority in the consultation under subsection (1) by consulting with the staff and students of his or her school with respect to a proposed policy when requested to do so by the district education authority. (3) Without limiting its duty to consult more generally, a district education authority shall ensure that it consults on the matters referred to in section 2.

Consultation on Draft 4. (1) After the consultations required by section 3 and before finalizing its registration and attendance policy, a district education authority shall consult with the parents, students, school staff, Elders and community members on a draft of the policy.

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(2) A principal shall assist the district education authority in the consultation under subsection (1) by consulting with the staff and students of his or her school with respect to a draft policy when requested to do so by the district education authority. (3) A district education authority shall make the draft registration and attendance policy available to the public and allow at least two weeks for interested persons to make comments. (4) A district education authority shall give public notice of the consultation stating

(a) how copies of the policy may be obtained; (b) how comments may be made; and (c) the deadline for making comments.

(5) A district education authority shall consider all comments received by it before the deadline stated in the notice given under subsection (4).

Consultation on a Review

5. A district education authority shall consult with respect to any review of its registration and attendance policy in accordance with the following rules:

(a) sections 3 and 7 apply with necessary modifications to the consultation; and

(b) if an amendment is proposed as a result of the review, section 4 applies with necessary modifications to the draft amendment.

Consultation on an Amendment

6. If a district education authority proposes to amend its registration and attendance policy other than as a result of a review, it shall consult with respect to the amendment in accordance with the following rules:

(a) subsections 3(1) and (2) and section 7 apply with necessary modifications to the development of the amendment; and

(b) section 4 applies with necessary modifications to the draft amendment.

Record of Consultations and Report

7. (1) A district education authority shall keep a record of consultations held under this Part. (2) A district education authority shall prepare a report summarizing the consultations and submit the report along with the copy of the policy or amended policy submitted to the Minister under subsection 37(7) of the Act.

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Communication with Community

8. A district education authority shall inform the community about its registration and attendance policy and make it available on request to a person who wishes to read the policy.

Communication with Parents

9. A principal shall inform the parents of the students in his or her school about the registration and attendance policy of the district education authority.

Communication with School Staff

10. A principal shall ensure that the school staff understands the registration and attendance policy of the district education authority.

PART 2

WORK-RELATED LEARNING PLANS

Definition

11. In this Part, "work-related learning plan" means a learning plan referred to in subsections 34(5) and (6) of the Act.

Consultation with School Team

12. A principal shall consult with the school team when considering whether a work- related learning plan should be developed for a student, in developing a plan and before submitting a plan to the district education authority. 13. (1) A principal in considering whether to develop a work-related learning plan and a district education authority in considering whether to approve a work-related learning plan shall consider whether

(a) the plan is or would be in the best interests of the student; and (b) a potential employer has been identified who is willing to employ

the student. (2) The following factors must be considered in determining whether a work-- related learning plan is in the best interests of a student:

(a) whether the needs of the student including his or her intellectual, physical, emotional, social and financial needs will be better met through working during instructional hours than through attendance in school;

(b) the student's ultimate educational goal;

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(c) the skills or experience to be gained by the student through working during instructional hours;

(d) the support that the student may be offered by the school during work-related absences;

(e) the support that the student may be offered by the employer to encourage the student to return to school full-time or to continue attending school part-time or intermittently;

(f) the student's current achievement levels in his or her courses; (g) the courses or credits remaining for the student to graduate; (h) the courses for which the student will attend school during the

period of the plan; (i) the possible learning objectives to be pursued at the workplace

during instructional hours; (j) the times at which the student will be excused from attending

classes and the start and end dates of the plan; and (k) such other factors as may be set out by the district education

authority in its registration and attendance policy.

Contents of Work-Related Learning Plans

14. A work-related learning plan must include (a) a statement of the reason for the work-related absence during

instructional hours; (b) a list of learning objectives to be pursued at work during

instructional hours; (c) a schedule for meetings between the principal or school team and

the student to be held at least once each month to monitor the carrying out of the parties' responsibilities as outlined in the plan;

(d) a list of the responsibilities of the student and principal in carrying out the plan;

(e) a procedure for collecting records of student attendance at work and at school;

(f) an end date for the work-related absence and the plan; (g) the approval of the plan by the student, principal, and the

chairperson of the district education authority; (h) if the student is not an adult, the approval of the parent; and (i) a requirement that the plan may be extended or otherwise amended

only with the approval of all the parties.

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PART 3

OTHER MATTERS

Assistance by Attendance Committee

15. The committee established for attendance under paragraph 140(c) of the Act, in accordance with directions given by the district education authority, shall assist the district education authority in the development or review of the registration and attendance policy under Part 1 and in the development and review of work-related learning plans under Part 2.

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